Legal Status of Hemp and CBD
Many people are very confused about the status of hemp in USA. Some of it is a controlled substance, while industrial hemp is exempt of the control:
Non-psychoactive hemp is not included in Schedule I of the Controlled Substances Act. Industrial Hemp is legal to import, sell, and consume in the United States, and with the new Farm Bill even to grow. Examples of this are hemp seed oil, hemp rope, and hemp cloth – used to be used for sails on sail boats that brought Columbus to America.
Our hemp products are considered food or dietary supplements, and our CBD is a natural constituent of the hemp plant / hemp stem & stalk essential oil. Natural hemp extract is not synthetic or artificial; therefore, our naturally-derived, industrial hemp-based CBD is exempt from Schedule I just as any other constituent of non-psychoactive industrial hemp.
The United States Court of Appeals for the Ninth Circuit in Hemp Industries Assn., v. Drug Enforcement Admin., 357 F.3d 1012 (9th Cir. 2004), recognized that “non-psychoactive hemp [that] is derived from the ‘mature stalks’ or is ‘oil and cake made from the seeds’ of the Cannabis plant, …fits within the plainly stated exception to the CSA definition of marijuana.” Id. at 1017. As such, the court determined that the government (i.e. DEA) has no authority under current law to completely ban “THC that is found within the parts of Cannabis plants that are excluded from the CSA’s definition of ‘marijuana’ or that is not synthetic.” Id. at 1018.
Industrial hemp is legal to import under the Controlled Substances Act (CSA). Since 1937, the federal statute controlling marijuana has excluded the stalk, fiber, oil and sterilized seed of the plant Cannabis sativa L., commonly known as hemp, from the definition of marijuana. 21 U.S.C. § 802(16), and again in reference to 2-6-04 Ninth Circuit Court of Appeals ruling.